Where anyone rescues cattle by force from any person driving them out of his own vineyard or field of grain; if he is a person of high rank, he shall pay five solidi, and be responsible for double the damage sustained, after appraisement of the same; if, however, he should be a person of inferior station, and should not have the means wherewith to make restitution, he shall receive fifty lashes, and shall be compelled to pay double the amount of damages. If a slave should be guilty of this offence, he shall receive a hundred lashes in the presence of the judge; and no reproach or responsibility whatever shall attach to his master. Where any person removes cattle from a house, or out of an enclosure, or seizes them by force, he shall pay eight solidi to the party injured, and shall also be liable to double damages. If a slave should do this he shall receive a hundred lashes, and his master shall be in no way responsible.
XV. Concerning Animals Found in Vineyards, Fields of Grain, or Meadows.
Anyone who finds, and takes up beasts of burden, or cattle of any kind, in his vineyard, field of grain, meadow, or garden, shall, on that day or the following, give notice thereof to the owner of said cattle. If the owner should refuse to come, or send for them, the amount of damage shall be appraised by the neighbors, and full satisfaction of the same shall be required by the judge from said owner. If he who took up the cattle should prove or swear that the damage was committed by said animals, and the owner of the cattle should not come to receive them, or should not be present at the appraisement of the damage; he who took them up shall only give them water and keep them shut up for three days; and the owner, who neglected to be present at the appraisement, shall have no claim against the party retaining said cattle for the space of three days. When the three days are elapsed, he may let the animals go, and turn them loose, if their owner should still refuse to come for them; and, on account of the evident contempt of the latter, he shall be compelled to pay double the amount of the damages appraised. But if the owner of said cattle should come to him whose property was injured, and ask him to have the amount of the damages appraised, and to deliver up the cattle to him, and the former desiring to kill said cattle, should not acquiesce; if it should be proved that he has done this, he shall pay for every head of large cattle one solidus, and for every head of small ones, one tremisa. This law shall also apply to those who, before three days have elapsed, did not give notice that the cattle were shut up. If a slave should commit this offence, without the consent of his master, he shall receive a hundred lashes, and his master shall incur no responsibility whatever on account of his act.
ANCIENT LAW.
XVI. Where Animals Depart from Fields of Growing Grain Before they are Driven Out.
If any beasts of burden, or cattle, should depart from orchards or fields of grain, before they are driven from the same, it shall not be lawful to take them up, because it is not known whether they caused the damage or not. But if the owner, or any neighbor, should drive them out, said owner shall be liable for any injury they may have caused.
ANCIENT LAW.
XVII. Where Anyone Mutilates an Animal found in a Field of Grain.
If anyone should cut off the lips, tail, ears, or any other member of any cattle, or other animals, which he has found in his orchard, vineyard, or field of growing grain, or should kill them, or should inflict upon them any other injury, they shall become the property of the party who thus kills or mutilates them, and he shall at once give to the owner others of equal value.